On January 31, 2024, U.S. Citizenship and Immigration Services (“USCIS”) published a Final Rule that will adjust the filing fee for various immigration and naturalization benefit requests. While few fees were lowered, the most significant fee increases will impact employment-based filings.

According to the Final Rule, these fee increases, the first since 2016, will allow USCIS to recover the agency’s operating costs and improved efficiency measures, support more timely processing of new applications, and necessary expansion of humanitarian programs.  

The new fees under the Final Rule will go into effect on April 1, 2024. The effective date of the fee increases will be particularly significant for H-1B cap petitions, as the new fee schedule is set to take effect on April 1, 2024, the earliest date that H-1B cap petitions may be filed.

Summary of relevant fee increases for employment-based cases

Importantly, under the regulations that will take effect on April 1, 2024, nonimmigrant visa categories (e.g., H-1B, L, E, TN) will now each require distinct fees for Form I-129, while previously, filing fee for Form I-129 was $460 across all visa categories.

USCIS will also require that employment-based applications, Forms I-129 and I-140, pay an Asylum Program Fee to support the administration and processing of asylum applications.

Relevant filing fees will increase as follows:

The Final Rule specifies an exception to the H-1B and L filing fee increase for smaller employers (those with fewer than 25 full-time employees) and nonprofit organizations. For smaller employers and nonprofit organizations, the I-129 filing fee for H-1B will remain at $460. For smaller employers and nonprofit organizations, the I-129 filing fee for L-1 will be $695.

Further, we note that USCIS also announced on December 28, 2023 that the filing fee for Form I-907, Request for Premium Processing will increase from $2,500 to $2,805, effective February 26, 2024, in order to adjust for inflationary increases from June 2021.

To illustrate, under the Final Rule, USCIS filing fees to file an H-1B petition will be the following:

With the new fees, USCIS filing fees to file an individual L-1 petition will be: 

Other Significant Process Changes in the Final Rule:

Premium processing timeframe will change to 15 business days

USCIS’ premium processing service offers expedited processing for a variety of the most commonly filed forms. Under the program, USCIS will take adjudicative action (approve a petition or issue an RFE) within specified time periods or will refund the premium processing fees.

Under the regulations that will take effect on April 1, 2024, the number of days under which USCIS is required to take adjudicative action for premium processing cases will change from 15 calendar days (2 weeks) to 15 business days (3 weeks) for eligible I-129 petitions.

USCIS Filing Fee for Applications For Adjustment of Status  (Form I-485) will no longer be bundled with the fees for Application for Employment Authorization (Form I-765) and Application For Travel Document (Form I-131), Resulting in a Fee Increase

Under the regulations that will take effect on April 1, 2024, the previously bundled Form I-485 (Adjustment of Status application filing fee) will now be a standalone filing fee, increasing from $1,225 to $1,440. Applicants who wish to file Form I-765 (Application for Employment Authorization Document (EAD)) will need to pay a $260 filing fee. Similarly, Applicants who wish to file Form I-131 (Application for Advance Parole (AP)) concurrently with the adjustment of status application will need to pay a $630 filing fee for adjudication.

 The new filing fees will be as follows:

• Form I-485 filing fee is increasing to $1,440
• Form I-765 filing fee is increasing to $260 (if filed concurrently with Form I-485 or while the adjustment of status application is pending)
• Form I-765 filing fee for renewal of EAD based on pending adjustment of status application is $260
• Standalone Form I-765 filing fee is increasing to $520
• Form I-131 filing fee is increasing to $630 (if filed concurrently with Form I-485 or while the adjustment of status application is pending)
• Form I-131 filing fee for renewal of AP based on pending adjustment of status application is $630

 Please do not hesitate to contact the Immigration Law Group of Meyner and Landis LLP with any questions related to this information. 

 For further information, please contact:

Anthony F. Siliato | Scott R. Malyk | Lin R. Walker | Stacey A. Simon

Meyner and Landis LLP

One Gateway Center, Suite 2500, Newark, New Jersey 07102

Asiliato@meyner.com | Smalyk@meyner.com | Lwalker@meyner.com | Ssimon@meyner.com

Disclaimer: The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice. Further, reading this Client Alert in no way establishes an attorney/client relationship between you and Meyner and Landis LLP. Readers should consult legal counsel for definitive advice regarding the current law and regulations and how those apply to your unique situation within your organization.